1. Introduction

The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) is one of the four major labour codes enacted to simplify India’s labour laws. It consolidates 13 older laws relating to factories, contract labour, mines, docks, inter-state migrant workers, building and construction workers, motor transport workers, and more.

The purpose of the OSHWC Code is clear:

create a safe, healthy, and conducive working environment for every worker in India, whether formal or informal, permanent or contractual, factory-based or field-based.

Earlier safety laws were scattered, outdated, and sector-specific. With modernization, automation, chemical usage, and new workplace structures, India needed a unified safety code. The OSHWC Code responds to that need by bringing all safety-related standards into one comprehensive legal framework.

Hindi insight:

OSHWC कोड का मुख्य लक्ष्य है कि हर कर्मचारी को सुरक्षित, स्वस्थ और सम्मानजनक कार्यस्थल मिले — चाहे वह फैक्ट्री में हो, खदान में, निर्माण स्थल पर या किसी भी अन्य उद्योग में।

2. Why the OSHWC Code Was Necessary

For decades, India’s workplace safety laws were:

• Fragmented across sectors
• Overlapping in scope
• Difficult for small employers to understand
• Outdated in terms of modern machinery and processes
• Varied in definitions (especially wages, employee, contractor, etc.)

This created compliance challenges and diluted the effectiveness of safety enforcement.

The OSHWC Code addresses these problems by:

• Standardizing definitions
• Creating one integrated system for safety and working conditions
• Introducing modern digital compliance
• Recognizing interstate migrant workers and contract labour
• Enhancing penalties for violations
• Emphasizing preventive safety measures

This reform improves not only safety outcomes but also employer accountability and worker dignity.

3. Scope and Coverage (Chapter 1: Sections 1–3)

The Code applies to:

• Factories
• Mines
• Docks
• Plantations
• Motor transport undertakings
• Construction sites
• Audio-visual production units
• Warehousing and logistics units
• Contract labour establishments
• Inter-state migrant worker establishments

Depending on the nature of work, thresholds differ (e.g., factories typically ≥ 20 workers with power, or ≥ 40 without power).

A key strength of the OSHWC Code is that coverage is activity-based rather than just industry-based.

Hindi explanation:

अब कानून यह नहीं देखता कि आपका उद्योग कौन सा है — बल्कि यह देखता है कि वहाँ किस तरह का काम हो रहा है और उसमें जोखिम कितना है।

4. Duties of Employers (Chapter 2: Sections 4–13)

The employer has a legal responsibility to ensure:

Safe working environment

including proper ventilation, temperature, cleanliness, lighting, and sanitation.

Safe machinery & processes

Machinery must be properly maintained, fenced, and regularly inspected.

Risk assessment & preventive measures

Employers must identify workplace hazards and take preventive steps.

Free annual health check-ups

especially for hazardous industries and workers above certain age thresholds.

Training and supervision

New workers must be trained on safety procedures before commencing work.

Working hours & rest periods compliance

Special rules apply for women, adolescents, and night shifts.

Information display

Safety information must be displayed in local languages.

This chapter completely modernizes India’s safety obligations.

5. Duties of Employees (Chapter 3: Sections 14–15)

Workers also have responsibilities, such as:

• Following safety protocols
• Using protective equipment
• Reporting unsafe conditions
• Avoiding negligent or dangerous behavior

This balanced approach ensures safety is a shared responsibility.

6. Safety Management Systems (Chapter 4)

For certain hazardous industries, employers must establish:

• Safety committees
• Professional safety officers
• Emergency response plans
• On-site disaster management systems

This is a major step toward preventing disasters rather than merely responding to them.

Hindi note:

कानून अब केवल दुर्घटना के बाद कार्रवाई की बात नहीं करता — बल्कि दुर्घटनाओं को रोकने की व्यवस्था अनिवार्य बनाता है।

7. Health & Working Conditions (Chapter 5: Sections 16–21)

This chapter lays down detailed standards for:

• Cleanliness of workplace
• Disposal of waste
• Drinking water
• Toilets and washrooms
• Crèche facilities (in some establishments)
• Canteens and first-aid rooms
• Working hours
• Overtime rules
• Rest intervals
• Shift timings

This ensures that working conditions meet minimum human dignity and health standards.

8. Licensing & Registration (Chapters 6 & 7)

The Code introduces:

One Nation – One License

A single registration and license for multiple states.

This is revolutionary for contractors and gig-scale employers.

Single registration for establishments

reduces paperwork and speeds up compliance.

Online portals

for returns, registrations, and license renewals ensure transparency.

9. Contract Labour (Chapter 8: Sections 43–53)

Contract labour is heavily used in India.

The OSHWC Code provides:

• Registration requirement for principal employers
• Licensing of contractors
• Mandatory welfare facilities
• Responsibility for wages (principal employer liable if contractor defaults)
• Equal treatment for contract workers
• Safety and health protection identical to regular employees

This reduces exploitation and ensures fair treatment.

10. Inter-State Migrant Workers (Chapter 9: Sections 52–60)

(A major reform)

The Code recognizes challenges faced by migrant workers:

• Lack of documentation
• Poor living conditions
• Wage disputes
• No portability of benefits

Under this Code, migrant workers get:

• Mandatory registration
• Journey allowance
• Accommodation and safety guarantees
• Equal wages as local workers
• Portability of benefits
• Helpline and grievance system

This is a big step towards protecting one of India's most vulnerable labour groups.

11. Special Provisions for Women Workers (Section 42)

Women workers receive enhanced protections:

• Right to work in all establishments
• Right to work night shifts with consent
• Mandatory transportation for night shifts
• Safety arrangements
• Equal working conditions

This modernizes women’s participation in the workforce while ensuring safety.

12. Penalties & Offences (Chapter 13)

The OSHWC Code imposes graded penalties:

• Fines for non-compliance
• Higher penalties for hazardous industry violations
• Imprisonment for serious negligence leading to accidents or death
• Closure of establishments in extreme cases

Penalties are designed to enforce compliance rather than merely punish.

13. Why the OSHWC Code Is Important for Employers

It brings:

• Predictability
• Reduced legal fragmentation
• Simplified digital compliance
• National-level licensing
• Modern safety expectations
• Improved worker morale

Non-compliance is now more easily detectable due to digital records.

14. Why the OSHWC Code Matters for Workers

Workers gain:

• Safer conditions
• Health protections
• Proper working hours
• Medical check-ups
• Cleaner facilities
• Better accommodation
• Freedom from exploitation
• Transparent grievance processes

The Code makes dignity and safety a legal guarantee, not a privilege.

15. FAQs (With Chapter References)

FAQ 1: Does OSHWC Code apply to all factories?

Yes, subject to threshold conditions.

Relevant: Section 2 & Chapter 1

FAQ 2: Can women work night shifts under the Code?

Yes, with their consent and adequate safety arrangements.

Relevant: Section 42

FAQ 3: Are contractors required to get licensed under this Code?

Yes, and principal employers must ensure compliance.

Relevant: Chapter 8

FAQ 4: Does the Code regulate working hours?

Yes, it provides standardized working hour limits and rest intervals.

Relevant: Chapter 5

FAQ 5: What are the penalties for violation?

Penalties include fines, closure, or imprisonment depending on severity.

Relevant: Chapter 13

16. Conclusion

The Occupational Safety, Health and Working Conditions Code, 2020 is one of the most forward-looking reforms India has enacted. It consolidates decades-old fragmented laws into a single modern framework with digital compliance, preventive safety management, worker protection, and accountability built into its core.

The Code is not merely a technical change — it reshapes how workplaces must function.

Every worker, regardless of industry or contract type, is entitled to safety, dignity, and healthy working conditions.

Every employer is obligated to uphold these rights.

By setting a unified standard for safety and working conditions across India, the OSHWC Code marks a major milestone toward a safer, more organized, and more equitable labour ecosystem.